The Court of Appeal sitting in Ibadan has nullified the N20 billion aggravated damages awarded to the Yoruba Nation agitator, Sunday Adeyemo, popularly known as Sunday Igboho.
The damages were against the Department of State Security (DSS), an amount that the court described as outrageous.
Justice Ladiran Akintola had in September 2021 awarded N20 billion damages against the DSS for the attack on Igboho’s residence in Ibadan where two persons were killed and property destroyed.
However, delivering judgment on the appeal filed by the DSS on Tuesday, Justice Muslim Hassan set aside the judgment, adding that the judge should not have awarded damages based on his personal parameters.
Justice Hassan stated that the Oyo State High Court ignored the grounds for the case in acquiring jurisdiction and that the judge should not have decided on the award of damages based on his own preferences.
Igboho had asked the lower court, through his counsel, Yomi Aliyyu (SAN), to order the respondents to jointly pay him the sum of ₦500 million as special damages for the damage done to his house and his car and another ₦500 billion as exemplary and aggravated damages for breaching his fundamental rights with the malicious invasion of his house as well as an order directing the Federal Government and the other respondents to tender a public apology in two national dailies.
He said the suit was filed to enforce his fundamental human rights, pursuant to Sections 33-46 of the 1999 Constitution as amended and relevant articles of the African Charter on Human and Peoples Rights.
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